If you or a loved one has been struck by a vehicle while walking, getting legal help from a Spring Hill pedestrian accident lawyer is a vital first step toward protecting your physical and financial recovery.
At Cory Watson Attorneys, we fight aggressively for injured victims across our Tennessee service areas, bringing high-level legal representation directly to those who need it. Our award-winning legal team has recovered more than $4 billion for families nationwide, earning recognition from Super Lawyers and Best Lawyers in America for our steadfast commitment to holding negligent drivers accountable.
Contact Cory Watson Attorneys today for a free, confidential consultation to discuss your legal options. Call us 24/7: (877) 562-0000.
Understanding Pedestrian Rights and Drivers' Duties under Tennessee Law
Pedestrian accidents often result in catastrophic, life-altering injuries. Because pedestrians are entirely exposed, even a low-speed collision can lead to severe trauma. To protect vulnerable road users, state regulations clearly outline who has the right-of-way and when.
According to the Tennessee Pedestrian Laws outlined by TN.gov, motorists must remain constantly vigilant. Key legal responsibilities include:
- Yielding in Crosswalks: Under Tennessee Code § 55-8-134, drivers must slow down or stop to yield the right-of-way to a pedestrian crossing within any marked or unmarked crosswalk.
- The Duty of Due Care: Even outside of designated crosswalks, Tennessee Code § 55-8-136 mandates that drivers exercise due care to avoid colliding with any pedestrian. Motorists must sound their horns when necessary to warn pedestrians and exercise extreme caution when children or confused individuals are nearby.
- Passing Stopped Vehicles Prohibited: If a vehicle is stopped at a crosswalk to allow a pedestrian to cross, it is illegal for another driver approaching from behind to overtake and pass that stopped vehicle.
When a motorist fails to uphold these duties, whether due to texting, speeding, or driving under the influence - they can be held legally and financially liable for the resulting harm.
Modified Comparative Fault and the Clock on Your Claim
If you choose to pursue legal action, there are two critical legal concepts under Tennessee state law that could directly impact the outcome of your claim:
1. Modified Comparative Fault
Insurance companies frequently try to shift the blame onto the injured pedestrian to protect their bottom line. Under Tennessee Code § 29-11-107, Tennessee follows a modified comparative fault rule.
This means you can still recover compensation as long as your share of fault for the accident is determined to be under 50 percent. However, your total compensation will be reduced by your percentage of responsibility.
If you are found to be 50 percent or more at fault, you are barred from recovering any damages.
2. A Strict Filing Deadline
Time is of the essence when preparing a personal injury lawsuit. Under Tennessee Code § 28-3-104, the statute of limitations for personal injury claims in Tennessee is generally restricted to just one year from the date of the accident.
While certain rare exceptions may alter this filing window, missing this deadline almost certainly means losing your right to seek compensation. Partnering with an attorney early in the process ensures that crucial evidence - such as traffic camera footage, vehicle black box data, and eyewitness testimonies - is preserved before it is lost.
Speak With a Pedestrian Injury Attorney Today
We operate on a contingency fee basis, meaning you do not pay any upfront fees or out-of-pocket costs. We only receive payment if we successfully secure compensation for your medical expenses, lost wages, and pain and suffering.
Contact Cory Watson Attorneys today to schedule your free, no-obligation case evaluation.
Other Cases We Handle in Spring Hill, Tennessee
If you or a family member requires assistance with a different legal matter, our attorneys possess extensive experience in a wide range of practice areas, including:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Slip and Fall Injuries
- Bicycle Accidents
- Pedestrian Accidents
- Wrongful Death
- Premises Liability
Frequently Asked Questions
What if I was crossing the street outside of a marked crosswalk?
Under Tennessee Code § 55-8-135, pedestrians crossing a roadway outside of a marked or unmarked crosswalk must yield the right-of-way to vehicles on the road. However, this does not give drivers a license to hit pedestrians. Motorists are still required by law to exercise due care to avoid collisions. You may still be eligible to recover compensation depending on the exact circumstances of the crash.
What compensation can I recover after a pedestrian accident?
Depending on the severity of your injuries, you may be entitled to both economic and non-economic damages under Tennessee Code § 29-39-102. This can include reimbursement for past and future medical bills, rehabilitative therapy, lost wages, loss of earning capacity, pain and suffering, and emotional distress.
Do I still need a lawyer if the insurance company offered me a settlement?
Yes. Initial offers from insurance adjusters are often designed to resolve claims quickly and for as little money as possible. An experienced attorney can evaluate the true, long-term costs of your injuries and negotiate for a settlement that covers your ongoing medical needs and financial losses.